SOAR DOCKET NO TARC DOCKET NO

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1 SOAR DOCKET NO TARC DOCKET NO TEXA.S ALCOHOLIC BEVERAGE BEFORE nn: STATE OF'FleE COMMISSION, Petitioner v. & or v NON-STOP El'olERTAlNMENT GROUP LTD. D/B/A STO:'\E CA~'YON. ADMINIsTRATrVE HEARIl\'GS Respondent The Texas Alcoholic Beverage Commission (TABe) staff (Petitioner) brought this enforcement action against Non-Stop Entertainment Group Ltd. d/b/a Stone Canyon (Respondent). alleging that Respondents employee "'i111 criminal negligence, sold an alcoholic beverage to ;;l minor on the licensed premises, in violation of the Texas Alcoholic Beverage Cede, Petitioner requested a 30 -day suspension ofrespondent's permits. In lieu ofsuspension. Petitioner requested that Respondent pay a civil penalty of $4,500. For reasons discussed in this proposal. the Administrative LawJudge (ALl) finds Petitioner proved its allegations. The ALl recommends a 30 day suspension ofrespondent's permits. In lieu ofsuspension. TABC should allow Respondent to pay a $4,500 civil penally. I. JURISDICTION, NOTICE, AND PROCEDURAl, HISTORY TABe has jurisdicuon over this matter under TEX. ALCO. BE\l. CODE f\s>j. ch. 5 and l1.61(b)(2) and The State Office of Adrnirustrative Hearings (SOAH) has jurisdiction over all matters related h) conducting a hearing in this rroceedir:g, includir.c the preparation of Z1 proposal for decisior. with proposed findings of fact and conclusions cflaw, pursuant to lex. GOV T CODE A~N. ch. 2G03. On :vlarc,h 3: 20U6 l Petitioner issued its notice of hearing, directed to Respondent and ib attorney Frank Thompson. The notice contained a statement of the time, place, and nature ofthe

2 SOAH Docker Ko. 45B-Ob~l5~9 Ti\}JC Docket No Proposal for Decision Page 2 of (, hearing; a statement of the legal authority and jurisdiction under which the healing was teo be hel.i a reference to the particular sections of the statutes and rules involved; and a short, plain statement ofthe matters asserted, as required bynx Gov'r COD!" Al'N office located at 6777 Camp Bowie Blvd., Suite 400, Fort Worth, Tarrant COl111t"-j, -rcx3s. Petitioner was represented at tile hearing by Diane Brown, TABC Staff Attorney. Respondent appeared a~d_ closed on.lune 2, 2006_ Following presentation of evidence, the reco..'; U. APPLIC.\BLE LA \V Pursuant to TFX!\..LCO. BE""/. CODEl'\J~~. l06j3, T.Co,.BC rnaycancel or suspend a permit for not more than JJ.ys the permittee, "with criminal negligence, sold, served, dispensed. or delivered an alcoholic beverage to :;1 minor" 0:1 the licensed premises. /i " -o-,~ 1 ~.t-~ '."';", '...;1-.,; " " '" T" po. C,--,_..l1W negug... nc...,"" ~... is <... :,~; )'J necli A~ + _.. pl.;,f,:;.0l ~lc.tj '\l~l Ol l:n.lll~n(lly H.,,~ 19..,n~" with res:pe-c~ to circumstances surrounding his conduct or the result of conduct v.hen he ought to be aware of a substantiul ::.rl<1. unjusufisblc risk that the circumstances exist Orthe result 'p..'ih occur. The risk must be of such a nature and degree that the failure to pcrcei.,; II (..onstiturcs 3. FT:-)SS deviation from the standard ofcare that.3j1 orcl'.na;--,,' person...vould exercise under au the circumstances as viewed from the actor's srandpoint HI. EVIDENCE Hours Pcrmii. issued by T~--\BC.. for the premises located at 114 V'i. Exchange Avenue, Fort Vlonh

3 SOAH Docket No Proposal fot Decision TARe Docket No, Page 30f6 Tarrant County, TeXQ.3, These permits were originally issued on November 22,2002. an-i they have B, Alleged Sale 10 :VUno,. on Licensed Premises The following evidence describe-s a sale to a minor occurring on Respondents premises on July 22, 2005, This evidence was undisputed. On July 22~ 2005, rabe Agent John Graham entered J?..espon.ient s premisvs to conduct,;: female. Before c'dte:i.ng the premises,..'\gent Graham had instrncted Ms. Woodyto 'pesent her valid A~ 1\-15. \\"oody entered the premises, the doorman requestedher identification Afterviewing this idcntirrcanon, tl-tedoorman placed an "X~' mark on Ms. V100dy ~ s hand to show she was a minor Ms. Woody dig 1:"01 attempt to remove this mark from her hand during the sting operation. bartender, she ordered a Coors Lite. The bartender failed to request identification from Ms. Woody. The bartender provided the requested Coors Lite to Ms. woodv and accepted her $2 in payment. Following this sale, Agent Graham confirmed through sight, smell, Iabeling, and taste the.' rv. ANAL'\(515 ThE' evidence ckaily establishes that Respondent's employee sold En:.:lk(;'hoJ~,~~ beverage to 16 year-old l,, ls_ 'i-/oody on Respondent's licensed premises. The evidence also establishes that this act was committedv,,"ltl: criminal negligence. Respondent's bartender failed "to request..ientification from I\.1s. \iiood; even though she \',:6.::) prepared to present her valid Texas driver«license as

4 06 23/ :23 SOAR Docker ]'; TABC Docket No Proposal for Decision P3ge40f6 evidence that she was a rrunor. The bartender further failed to observe the ~~X" mark en Respondent's hand as evidence that she was a minor. Based on this violation. the AL] recommends a 30-day suspension ofrespondent's permits As an alternative to this suspension, TABC should allow Respondent 10 pay a $4,5DO civil penalty. v. PROPOSED FIl\'DINGS OF FACT ]" Nton-Step " " "~ Lntertamment - ("'...JTOUp., LICt d'" -b-a ::>tone c,., v.anyon II '. Zespon\Jcnt} ',' no I l:...s I a ' IV f' lxeg., BeVCf3.g::: I'ermir, l\"fb J including a Mixed Beverage La!',;; HOUIS Permit. issued bythe Texas Alcoholic Beverage Commission CTABe), for the premises located at 114 \V. Excha.L'"1g:e AVI.:-nue J Fort Worth. Tarrant County, Texas 2_ These permits.vcre originally issued on November and Lacy have been. continuousiv renewed. 3. On July 22, 200S, TABC p..gentjoh.n Graham cntered Rcspondents premises (0 conduct 3 "minor" ~;.:1.ijg cper-atlor; 4. Agent Graham entered the premises with Hannah Woody. a l o-year-old t~d~ak: 5. Before entering the premises.."\gent Graham had instructed Ms. Woody 10 present her valid, Texas driver's license UPOIl request. 6. As Ms. Woody entered Lite premises, the doorman requested her identification. After viewing this identification, the doorman placed an "X' mark on Ms Woody's hand to show she was a minor..'-is. \Voody did not attempt to remove this mark from her hand during the 7. Within Agent Graharn's view, Ms. Woody approache-d the bar. Upon encountering the bartender, she ordered a Coors Lite. 8. The bartender failed to request identification from?vis. Woody. 9. The bartender provided the requested Coors Lite to I\1s. Woody and accepted her $2 m payment.

5 SOAR Docket No TARe Docket No Proposal to r Decision Page 50f6 10. Following this sale. Agent Graham confirmed through sight smell, labeling. and taste that the COI)IS Lite served to Ms. Woodv was, in fact an alcoholic bevcraze. ~.' c 11. all March 3, T-,,~BC~ staff (Petitioner) issued its notice of hearing. directed to Respondent and. its attorney; Frank Thompson. 12 Th ~ notice contained a statement of the time. place. and nature of the hearing; a statement ofthe legal authcrirv and jurisdiction under which the hearing V,f~S to be held; a reference to the particular sections ofthe statutes and rules involved; and a short, plain statement ofthe matters a.::s-~tted_ 13_ On June _ a hearing convened before State Office of Administrative Hearing; (SOAH) Administrative Law Judge Monica Garza at the SOAR field office located at 67T1 Camp Bowie Bivd Suite 400. roit Worth, Tarrant County, Texas. c 14, Petitioner was represented at the hearing by Diane Brown. TABC Staff Attorney. Respondent arveared and Vi?.5 represented by its attorney, IvII. Thompson. 15. Following presentation of evidence. the record closed on June VI, PROPOSED CONCLUSIONS OF LA\\' 1. TABC has jurisdiction oyer this marter. TEX. At.co. Bsv CODE.Aj~~. ell.) arret 11,61(bH2) and SO-,~lf has jurisdiction over all matters related to conducting a hearing in tlus proceeding. including the pr-paranon of a proposal for decision with proposed flndir;2~ of fact and conclusions of ia...'y-. TEX. G-OV"T CODE ANI-J. ch Respondent received proper no-dee of the hearing. TEX. Gov'}" CODE j\..~'n Respondents cmpiovee, with criminal negligence, sold an alcoholic beverage to a minor on the licensed premises. TEX. PEl'. CODE AN>I. 603(d). 5. Respcndents permits ShOUld be suspended for 30 days. 'IE}\"..~J. CO. BEV. CODE A.I'N. 9 1Gii j 3 and 16 Tex. l\dlvli>:. Cons 37.51} 6. As an alternative to suspension, Respondent should be permitted 10 pay a $4.500 civil

6 so.rn Docket?'o.,j TARC Docket No, 5U20D:O Proposal for Decision Page 6 of6 penalty- rex ALeD. BEV. CODE Ar-..'N

7 STATE OFFICE OF ADMINISTRATIVE HEARINGS 6777 Camp Bowie Blvd. f"t. Worth, Texas Phone (817) 131-1"733 Fax (317) SERVICE LIST AGENCY: CASE TEXAS ALCOHOLIC BEVERAGE COMMiSSION r~on-stop E:"1tartainment Group Ltd. djb!a stone Canyon DOCKET NUM8c;t( Diane Brown Staff Attorney Texas Alcoholic 8ever.?-:g",: CummisSlon Pr.: 214/678-4DU] Fax 214/678-<!['S'" P,GENGY COUNSEl, BY Ff.\.~\,.1 Frank Thcmps:::;n AIIPRNEY FOR RESPONDENT Fax: 817/ BY FAX As cf April 11, 2006

8 State Office of Administrative Hearings '-/ SheliO;:\ Bailey Taylor Chief Administr-ative Law J'udge June 23, 2006 Al an Steen, Administrator VIA FACSI1\-J1LE ~ Texas Alcohoric Beverage Commission RE; Docket No, 4SS-Q6-1589; Texas Alcoholic Be... emge Commtssron vs NOD.-Stop Entertainment Group Ltd. ~Vll!;l Stone CaUj(l'(j (TABC C-"S? No. 502(04) Dear :VII' Stee» Enclosed please lind a Proposal for Decision in the above-referenced cause for the consideration ofrr.e TeXJS Alcoholic Beverage Commission. Copies of the proposal are being sent to Dia.-lle brown. auorney Tor T~:,;x;; Alcoholic Beverage Commission. and to J. Frank Thompson, attorney for the Respondent. Tne Texas t 3 j C0 :-' C" : Beverage Commission (1ABC) staff(petitioner) brought this enforcement action against Non-Stop Enteroin.r-ont Group LTd d/b/a Stone Canyon (Respondent), alleging that Respondent's employee, with criminal Heglig~n(>c ;n 1(. an alcoholic beverage tr:::' a minor on the licensed premises, in violation of the Texas Alcoholic Beverage C Petitioner requested a 3G-claysuspension ofrespondent's permits. In lieu ofsuspension, Petitioner requested Respondent pay?, civil penalty of$,t500. For reasons discussed in this proposal. the Administrative LilY'" (AU) finds Petitioner proved its allegations. The ALJ recommends a 30pday suspension ofrespondents rernitc. In lieu of suspension. T. \,BC should allow Respondent to pay a $4.500 civil penalty. Pursuantto the Administrative Procedure Act. each patty has the right to file exceptions to the accompanied by supporting briefs. Exceptions, replies to the exceptions, and supporting briefs must be fih~-:i wi.ill. the Commission according to the agency's rules, with a copy to the State Office ofadministrative Hearings.. liyt:"'c at 6777 Camp Bowie Blvd., Suite 400, Fort Worth, Texas A party filing exceptions, replies. and brief, ~ c~,,[ serve a copy on the other parry hereto Camp Bowie Blvd.. Suite 41)1J... For-t VVorLh~ Tex'b,~6116.f;17} 7:11-J7:-n FflX (HI:-', _~;77-3inr) h-'o'p.j,'. o..:o~h_ M',rk.tx _;]_.